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HomeMy WebLinkAbout11-8618Stipulations Against Liens Christopher A Myers and April M Myers Owner In the Court of Common Pleas County of York, Pennsylvania Keith McNaughton Modular Homes, LLC Contractor Docket Number j j - g' & / Page Number 1 Term 2011 Whereas, Keith McNaughton Modular Homes, LLC ("Contractor") has entered into a contract with Christopher A Myers and April M Myers ("Owner") for the erection or construction of a SINGLE FAMILY DWELLING upon the lot of ground known as Lot 4, Old Quaker Road, , Lewisberry, York, PA, described in Exhibit "A" hereof, of which Christopher A Myers and April M Myersare the title holder of record; and Whereas, it is the intention of Owner and Contractor that neither said lot of ground nor the improvements erected or to be erected thereon shall be subject to a lien for debts due Owner to Contractor or by Contractor to any subcontractor for labor or materials furnished in the said erection or construction, and that the right of anyone to claim any such lien be waived hereby. Now, This Agreement Witnesseth: That Contractor, for and in consideration of the contract aforesaid and the considerations mentioned thereunder, as well as the further consideration of One Dollar ($1.00) to it in hand paid by the Owner at or before the sealing and delivery of these presents, the receipt of which is hereby acknowledged, and intending to be legally bound hereby, does hereby covenant, promise and agree, for Contractor and any and all subcontractors, materialmen, laborers and parties acting for, through or under Contractor, that no mechanics' lien or claim or other lien or claim of any kind whatsoever shall be filed or maintained against the building, improvements, lot of ground or any part hereof, or the curtilage or curtilages appurtenant thereto by anyone, and that all subcontractors, materialmen and laborers shall look to and hold Contractor personally liable for all subcontracts, materials furnished and work and labor done. And this agreement, waiving the right of lien by anyone, shall be an independent covenant and shall operate and be effective with respect to work done and materials furnished under any supplemental contract for extra work in the erection, construction and completion of the building as well as to any work and labor done and materials furnished under the contract aforesaid. And, in order to give the Owner full power and authority to protect Owner and the building, improvements and lot of ground, against any and all claims filed by Contractor or anyone acting under or through Contractor in violation of the foregoing covenant, Contractor hereby irrevocably authorizes and empowers any Attorney of any Court of Common Pleas of the Commonwealth of Pennsylvania to appear for Contractor in any of the said Courts of Common Pleas as attorney for Contractor and in Contractor's name, mark satisfied of record at the cost and expense of the Contractor, or of any subcontractor or materialman, any and all claims or claim, liens or lien, filed by or for the Contractor, or any subcontractor or materialman, or in the name of any one or more of them against the building, improvements, lot of ground or any part thereof, and, for such act or acts, this shall be good and sufficient warrant and authority, and a reference to the Court, Term and Number in which this instrument shall have been filed shall be a sufficient exhibit of the authority herein contained to warrant such action, and the Contractor does hereby remise, release, and quit claim all rights and all manner of errors, defects and imperfections whatsoever in entering such satisfaction of in anywise touching or concerning the same. /I/7/ZI-0 I I Witness our hands and seals the day and year aforesaid. Signed and sealed in the presence of: Keith Mclgau Modular Homes, LLC Per Mtc/~ellt &t AAA&de L-(- NV AINnoo GNVf1938Wn0 ? 0 :h kd h 1 ICON 11DZ AAA,(A le P l?aa7?a?sy ,ems 7 3 / ?- ' ;4: File No. KWC38491 Exhibit A ALL that certain lot of land in Fairview Township, York County, Pennsylvania, and described in accordance with a final subdivision plan for Danny VanDyke dated August 4, 2006, and revised finally on February 16, 2007, and recorded in the Office of the Recorder of Deeds in Subdivision Plan Book 1886, Page 3786 on April 13, 2007. LOT 4: BEGINNING at a marker in Old Quaker Road (T-875) at a corner of Lot 3 on said plan and continuing thence through said Old Quaker Road and along said Lot 3, North 06 degrees 38 minutes 20 seconds West, 345.81 feet to a marker; continuing thence along said Lot 3 North 32 degrees 39 minutes 24 seconds East, 532.19 feet to a marker at lands now or formerly of Maurice E. Flurie J.r, and Mary E. Flurie; thence along said last mentioned lands, South 07 degrees 35 minutes 00 seconds East 539.15 feet to a marker at corner of lands now or formerly of George A. and Mary N. Zeiders and of Crist D. and Adrienne Sprenkle; thence along lands now or formerly of George A. and Mary N. Zeiders, the following three courses and distances: (1) South 82 degrees 23 minutes 00 seconds West, 45.94 feet; (2) South 83 degrees 21 minutes 40 seconds West, 200.00 feet; and (3) South 06 degrees 38 minutes 20 second East 217.80 feet to a marker in Old Quaker Road; thence through Old Quaker Road, South 83 degrees 21 minutes 40 seconds West, 100.00 feet to the pont and place of BEGINNING. Containing 3.1386 acres (gross).